Accident Injuries Board Ireland

Since the Personal Injuries Assessment Board Act 2003 came into force, anyone intending to seek accident compensation for a personal injury must make an application to the Injuries Board of Ireland, which was previously known as the Personal Injuries Assessment Board (PIAB).

The Injuries Board of Ireland handles personal injury claims relating to personal injuries sustained as the result of motor accidents, accidents in the workplace, and claims involving public liability. Before any court proceedings can be issued, personal injury claims have to be assessed by the Injuries Board.

Are all accident compensation claims assessed by the Injuries Board of Ireland?

Hospital and medical negligence cases are perhaps more complex that any other genre of personal injury law, a fact that is recognised by the Irish legal system; unlike almost every other type of accident compensation case, the Injuries Board will refuse jurisdiction in respect of such cases.

What should I do following an accident?

It should always be remembered that your health and safety and (in the case of a road traffic accident) that of your passengers is more important than any potential claim that you may have. If anyone has been seriously hurt an ambulance (together with the Gardai if appropriate) should be called immediately.

It is of the utmost importance that you report to the casualty department of the nearest hospital, or at the very least make an emergency appointment with your general practitioner, should you have been injured in a road traffic accident. Even if you feel that your injuries are not particularly serious it is still advisable that you see a doctor.

It should be noted further, that your attendance at hospital or with your GP will be recorded in your medical records, which may later be used in evidence to support your claim.

As soon as practically possible following an accident you should contact a solicitor. Your solicitor will advise as to whether or not you have a potential personal injury claim and will advise on the correct procedure to follow. Your solicitor will contact in writing the party who was at fault for your accident and notify them of your intention to make a claim (this is often referred to as a “Letter of claim”). Your solicitor will then complete the necessary Injuries Board application forms to submit an accident compensation claim in your name.

For free expert legal advice from a solicitor, call our advice line now
on 1800 911 940, or fill in our call back form at the bottom of this page.

Do I need a solicitor to submit my Injuries Board accident claim?

You are not obliged to engage a solicitor and you can deal directly with Injuries Board. It is however, more than advisable to engage a solicitor to deal with the case on your behalf. Your solicitor is an experienced professional who will advise on all aspects of your claim.

A solicitor will ensure that the Injuries Board application forms are completed correctly and are submitted within the relative time period. Perhaps most importantly, however, your solicitor having considered the medical reports commissioned on your behalf will be in a position to assess whether or not the compensation figure decided by the Injuries Board is an accurate assessment of your accident compensation. If your solicitor feels that this figure is too low, he or she will advise you to reject it and to proceed with court action.

How is an accident compensation claim made to the Injuries Board of Ireland?

In order to make a claim your solicitor will complete and submit the following documentation on your behalf:

a.) A completed application form.
b.) A medical assessment form completed by the doctor who has treated you.
c.) Payment of €50.

What happens when the Injuries Board receives a completed accident compensation claim application?

The Injuries Board examine the Application and supporting documentation (e.g. the relevant medical report). The Injuries Board cannot proceed unless all of the required documentation has been forwarded to them. Upon receipt of the completed application, the Injuries Board are obliged to acknowledge the date of receipt and will confirm an individual Application number for the case. The Respondent (i.e. the party at fault for your accident) most confirm within 90 days whether or not they consent to the assessment of the claim. If the Injuries Board receive the relevant consent, they will proceed with the assessment of the claim.

For free expert legal advice call our advice line now on 1800 911 940, or fill in our call back form at the bottom of this page.

How long does it take the Injuries Board to process a claim?

After the relevant medical reports have been commissioned and received and your solicitor has lodged the necessary application documents with Injuries Board the Respondent (i.e. the defendant or the party at fault for your accident) must agree to an assessment being made by the Injuries Board. If they do not agree, Injuries Board take no further part, and your solicitor will then issue Court Proceedings on your behalf for compensation for injuries, loss, damage and expense that you have sustained as a result of the accident.

If the Respondent consents to  an assessment by the Injuries Board, They will normally issue an assessment of the claim within 9 – 15 months from the date the Respondent agrees to the Injuries Board process. There is no oral hearing, the assessment of Injuries Board is made only on the documents (largely the medical report) submitted. If you accept the PIAB Assessment and the other side is willing to pay it, then the case is concluded on that basis. If, however, either party does not accept the Assessment, then the claim will proceed to court.

How long can I wait to submit my application to the Injuries Board?

It is important to remember that application to the Injuries Board is an integral part of personal injury litigation, and the date of the submission of the application is one of the essential dates used in calculating the Statute of Limitations. Provided that you contact a solicitor as soon as possible following an accident the statute of limitation should not jeopardise your claim in any way. Your solicitor will be well aware of the relevant time limits and will take care to ensure that the relevant forms are lodged with the Injuries Board within the allocated time.

For free expert legal advice from a solicitor, call our advice line now
on 1800 911 940, or fill in our call back form at the bottom of this page.

It should be noted that the following dates are essential in calculating the Statute of Limitation.

a.) Date of the accident.
b.) Date of expiration of the two-year period from the date of the accident.
c.) Date of lodged the Injuries Board form A.
d.) Date of the Section 50 acknowledgement letter.
e.) The Injuries Board Letter of Authorisation.
f.) Six months date from the Letter of Authorisation.
g.) Balance of two-year period for the issue of Court Proceedings.

If we assume for example that James had an accident on the 1st of June 2009. James contacted his solicitor who made an application to the Injuries Board which was deemed received and complete on the 1st September 2009 (3 months after the date that the accident had occurred). The claim remained in the Injuries Board until the 1st of July 2009 when it was released by way of Injuries Board Letter of Authorisation. The limitation period starts to run again 6 months later on the 1st of March 2011. A further period of one year and nine months remains (3 months of the two-year limitation period already having expired before the Injuries Board application was lodged) and so the limitation period for James’s claim will expire on the 31st of November 2012 (being the day before 1st of December 2012; i.e., 1 year and 9 months from the 6 month period).

For free expert legal advice call our advice line now
on 1800 911 940, or fill in the call back form below and we will call you back at a convenient time.